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Monday, July 18, 2011

Inmate wins payout for 'hurt feelings' from New Zealand government

One of New Zealand's most notorious criminals has been awarded $3500 compensation - for breach of privacy and hurt feelings. The man, who is currently serving a prison sentence, has been convicted of crimes including attacking a police officer, unlawful possession of firearms, aggravated robbery, theft, burglary and trying to escape from custody.

But he took umbrage when he learned that the Ministry of Social Development (MSD) had wrongly listed him as having a conviction under the heading of "domestic violence". "I have never been convicted of domestic violence," he told MSD officials. "Indeed, the only violent offense I have ever been convicted of was for aggravated assault on a police constable."


When the ministry initially refused to correct the information with a file note and apologize, he complained to the Privacy Commissioner and then to the Human Rights Review Tribunal. He said the stress and injury to his feelings, aggravated by the MSD's unlawful actions, meant "nothing less than monetary compensation and an apology is acceptable to me".

The inmate was allowed out of prison to give evidence before the tribunal. On the witness stand, he accused the MSD of "flouting the law". The tribunal decided his privacy had been breached, he had suffered emotional harm, and he was entitled to a payout. Without him asking, the tribunal also ordered that he not be identified, in order to protect his family. Police and politicians have expressed outrage.

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